II CRIMINAL CHARGE AND THE RECEIVING OF PROSECUTOR'S NOTIFICATION ON CRIMINAL OFFENCE
Procedure Upon Receipt of Notification on Criminal Offence
Article 13
If criminal proceedings have already been instituted in the Republic of Serbia, the Ministry shall seek from the International Criminal Court to transfer the criminal prosecution to the Republic of Serbia, if the Prosecutor is already conducting an investigation of the same criminal offence and/or if the Prosecutor intends to commence an investigation for the criminal offence concerned.
Should the Prosecutor be approved by the Pre-Trial Chamber of the International Criminal Court to conduct an investigation, contrary to the request referred to in paragraph 3 of this Article, the Republic of Serbia shall appeal against it, in accordance with the Statute and the Rules of Procedure and Evidence.
If the appeal mentioned in paragraph 4 of this Article is rejected, the criminal proceeding instigated in the Republic of Serbia shall be terminated.
The termination of the criminal proceeding in the Republic of Serbia shall be in force until the final end of the criminal proceeding conducted before the International Criminal Court, and when the Republic of Serbia receives a notification that the decision taken by the International Criminal Court has become final, the competent court shall pass a ruling terminating the criminal proceeding for the criminal offence already decided upon by the International Criminal Court.
ICC investigation - national procedures
Initiation of ICC investigation
EDIT.